Can Care Plus Medical Ucc change the 'System Standards' over time?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
audit because Franchisee failed to submit required reports or was otherwise not in compliance with the System, or (ii) the audit reveals that Franchisee understated Gross Sales by 3% or more for any 4-week period.
ARTICLE 11. FRANCHISOR RIGHTS
- 11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Care Plus Medical UCC. Care Plus Medical UCC may supplement, revise, or modify the Manual, and Care Plus Medical UCC may change, add or delete System Standards at any time in its discretion. Care Plus Medical UCC may inform Franchisee thereof by any method that Care Plus Medical UCC deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, Care Plus Medical UCC's master copy will control.
- 11.2 Inspections. Care Plus Medical UCC may enter the premises of the Business from time to time during normal business hours and conduct an inspection. Franchisee shall cooperate with Care Plus Medical UCC's inspectors. The inspection may include, but is not limited to, observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies and materials. Care Plus Medical UCC may videotape and/or take photographs of the inspection and the Business.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, Care Plus Medical Ucc has the authority to change, add, or delete System Standards at any time and at its discretion. These modifications can be communicated through any method Care Plus Medical Ucc deems appropriate. This includes the ability to supplement, revise, or modify the Manual, which contains the System Standards.
This provision grants Care Plus Medical Ucc broad flexibility in adapting the franchise system over time, which is typical in franchising to maintain brand consistency and competitiveness. For a franchisee, this means they must stay informed of any changes and be prepared to adapt their business practices accordingly. It is important to note that Care Plus Medical Ucc's master copy of the Manual will control in the event of any dispute as to the contents of the Manual.
Furthermore, Care Plus Medical Ucc may vary or waive any System Standard for any one or more Care Plus Medical franchises due to specific circumstances. However, a franchisee is not automatically entitled to the same variation or waiver. Franchisees are also obligated to comply with modifications to the Marks used under the System, at their own expense, within a reasonable time after Care Plus Medical Ucc makes such changes.
Overall, the franchisee must remain flexible and adaptable to changes implemented by Care Plus Medical Ucc to maintain compliance with the franchise agreement and System Standards. This includes changes to required software, payment systems, gift card programs, and even potential remodels of the location.